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Lactation Accommodation: Mandatory Breaks for Breastfeeding in California

Are you returning to work from pregnancy leave but still planning to breastfeed your child?

In 2010, the federal Affordable Care Act (also known as “Obama Care”) changed federal wage and hour laws to require employers to provide lactation breaks for new mothers.

Employers that are subject to the Fair Labor Standards Act (as most employers are), must provide nursing employees with “reasonable” unpaid breaks to express breast milk, for up to one year after the birth of a child.

These employers must provide nursing employees with a private place, other than a bathroom, that is protected from view or intrusion by coworkers or the public. Employers with fewer than 50 employees are not required to provide breaks if it would cause undue hardship, meaning that it would be too difficult or costly given the employer’s size, resources, and structure.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting


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  • The Law Office of Payab & Associates I felt well represented with Mr. Payab as my attorney.
  • The Law Office of Payab & Associates It was really a pleasure having him as my attorney and I greatly recommend him.
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